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Profound Estimates

State guide

South Carolina mechanics lien and payment rules

As a subcontractor in South Carolina, you have 90 days after your last day furnishing labor or materials to record a mechanics lien, and a notice of furnishing is optional but recommended. Here are South Carolina's notice, lien, bond claim, retainage and prompt payment rules in plain language, with the statutes and a worked example.

  • Reviewed
  • 4 statutes cited
  • Not legal advice

South Carolina at a glance

Private commercial work, sub hired by the GC, unless noted
Preliminary notice (subs)
Verify with state statute Optional but recommended. Notice of furnishing.
Record the lien (subs)
90 days after your last day furnishing labor or materials
Sue to enforce
6 months after your last day furnishing labor or materials
Public retainage cap
Up to 3.5%
Private retainage cap
Verify with state statute
GC pays subs within
Verify with state statute

Turn these rules into dates for your job, free in your browser.

Preliminary notices in South Carolina

South Carolina has a notice of furnishing for subcontractors and suppliers, which is optional but recommended. We don't show a single deadline for it: optional; protects against the owner paying the GC after it's served. Verify with the state statute.

Lien filing deadline in South Carolina

If the GC hired you, you have 90 days after your last day furnishing labor or materials to record a mechanics lien in South Carolina, about the same as the national median of 90 days (counted from last furnishing on a sample job). 23 of the 51 jurisdictions we track use this same lien deadline, which makes it the most common rule.

The clock starts on your last day furnishing labor or materials under your contract. In many states, warranty visits and punch list work done mainly to extend the deadline don't restart it, so use your last day of real contract work.

Deadline to sue on the lien

To keep the lien alive you must sue to enforce it within 6 months after your last day furnishing labor or materials. That comes to about 183 days after your last day on the job, about 182 days shorter than the national median of 365 days. 6 of the 48 jurisdictions we track have a shorter overall time to sue and 39 have a longer one.

South Carolina counts the suit deadline from last furnishing, not from recording, so recording late eats into the time left to sue.

South Carolina counts the suit deadline from last furnishing.

How South Carolina compares

Days are counted on a sample job with the lien recorded on its last allowed day, so states that count from recording or from completion can be compared with those that count from your last day on site. The median is across the jurisdictions with a dated rule on file.

South Carolina deadlines vs the national median
Record the lien (from last day)
South Carolina: 90 days
National median: 90 days
Sue to enforce (from last day)
South Carolina: 183 days
National median: 365 days

Public and federal projects

Public property can't be liened, so subcontractors and suppliers on state and local public jobs in South Carolina claim against the GC's payment bond instead. We haven't reduced South Carolina's bond claim deadlines to one set of numbers, because they vary by agency and project. The governing law is S.C. Code §11-35-3030. Verify the notice and suit deadlines with the statute and the bond itself before the job starts.

Federal jobs in South Carolina follow the Miller Act instead of state law: those hired by a sub or supplier give the prime contractor notice within 90 days of their last furnishing, and suit is due within 1 year, in federal court. Prime contractors on federal work have no lien or bond claim.

Retainage and prompt payment in South Carolina

On public work the cap is 3.5%, below the 5% median of states that set one. State agencies: up to 3.5% of each progress payment.

On private work we have no statutory cap on file, so retainage is usually whatever the contract says. Read the retainage and release clauses before you sign.

Retainage and prompt payment in South Carolina
Public workPrivate workFederal work
Retainage cap3.5%Verify10%
ReleaseWith final payment.Verify with state statuteReleased with final payment, or earlier once progress is satisfactory.
GC pays subs withinVerifyVerify7 days
Late-payment interestVerifyVerifyTreasury prompt payment rate (reset every January and July)

Not legal advice. Retainage and prompt payment rules differ by agency, contract size and contract date, and change often. Confirm the rules with the current statute, your contract and a construction attorney before relying on them.

Worked example: a flooring sub in South Carolina

A flooring subcontractor hired by the GC on a private elementary school addition in South Carolina starts work on March 2, 2026 and last furnishes on July 17, 2026. The project is completed on August 28, 2026. Run through South Carolina's rules, those dates give:

Deadlines for the worked example in South Carolina
DeadlineDateCounted from
Record the lien October 15, 2026 Last furnishing
Sue to enforce the lien January 17, 2027 Weekend Last furnishing
Notice of furnishing Verify with state statute No single date

The first deadline on the calendar is “Record the lien” on October 15, 2026.

One date lands on a weekend (January 17, 2027). Not every state rolls a deadline to Monday, so the safe move is to record or serve by the Friday before.

Rows marked "Verify" depend on facts or readings we can't settle for you, and rows without a date have no single number in the statute. Check them against S.C. Code §29-5-10 to -440.

Open the lien deadline calculator for South Carolina and enter your own dates to get this table for your job, with countdowns and a PDF deadline calendar.

Check your own dates with the free tools

Statutes cited

  • S.C. Code §29-5-10 to -440
  • S.C. Code §11-35-3030 (public bonds)
  • S.C. Code §11-35-3030 (public)
  • S.C. Code §29-6-10 to -60 (prompt pay)
  • Federal work in South Carolina: 40 U.S.C. §3131 to §3134 (Miller Act)

Not legal advice. Lien and bond claim rules change and have exceptions for project type, contract terms and how notices are served. Confirm every deadline with the current statute or a construction attorney in the project's state before relying on it. Rules shown as "Verify with state statute" have exceptions or variations we could not reduce to one number.

South Carolina lien and payment FAQs

How long do I have to file a mechanics lien in South Carolina?

If you're a subcontractor or supplier hired by the GC, you have 90 days after your last day furnishing labor or materials. Check the exact date for your job with the free lien deadline calculator, and confirm it with the statute (S.C. Code §29-5-10 to -440).

Is a preliminary notice required in South Carolina?

Subcontractors and suppliers give a notice of furnishing. It is optional but recommended. Optional; protects against the owner paying the GC after it's served.

How long is a mechanics lien valid in South Carolina?

Unless you sue to enforce it within 6 months after your last day furnishing labor or materials, the lien expires. South Carolina counts the suit deadline from last furnishing.

What is the maximum retainage in South Carolina?

Up to 3.5% on public work (State agencies: up to 3.5% of each progress payment). We have no private retainage cap on file, so the contract usually governs.

How fast must a general contractor pay subcontractors in South Carolina?

We don't have one prompt payment number on file for South Carolina; timing depends on the contract and the agency. Verify with S.C. Code §29-6-10 to -60 (prompt pay).

Can I file a lien on a public project in South Carolina?

No. Public property can't be liened, so subs and suppliers claim against the GC's payment bond under South Carolina's public bond law (S.C. Code §11-35-3030). Its deadlines vary by agency, so verify them before the job starts.

Neighboring states

Working across the state line? Rules change at the border, even on the same kind of job.

Same lien deadline (90 days): Connecticut , Delaware , Florida , Idaho .